Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 53A

53A Interpretation of unsolicited consumer agreement permitted hours provisions and termination period provision

(1) In a permitted hours provision, for applying the definition
"unsolicited consumer agreement" as provided for in the Australian Consumer Law (Queensland), section 69 , subsection (1) of that section is taken not to include paragraph (d) .

(2) In the termination period provision, for applying the definition
"unsolicited consumer agreement" as provided for in the Australian Consumer Law (Queensland), section 69 , subsection (1) of that section is taken not to include paragraph (d) , but only if the Australian Consumer Law (Queensland), section 73 was contravened in relation to the agreement the subject of termination.

(3) If an agreement is terminated under the termination period provision because of the operation of subsection (2) of this section, the agreement is taken to be, for any related provision, an unsolicited consumer agreement terminated in accordance with the termination period provision.

(4) In this section—

"permitted hours provision" means—-

(a) the Australian Consumer Law (Queensland), section 73 ; or

(b) the Australian Consumer Law (Queensland), section 170 .

"related provision" means a section of the Australian Consumer Law (Queensland) that refers to an unsolicited consumer agreement terminated in accordance with section 82 of that law.

"termination period provision" means the Australian Consumer Law (Queensland), section 82 .